Hildebrandt v. Wakaw Lake Regional Park Authority et al., (1999) 175 Sask.R. 207 (QB)

• Judge: Wilkinson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 27, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 175 Sask.R. 207 (QB)

Hildebrandt v. Wakaw Lake Park (1999), 175 Sask.R. 207 (QB)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. FE.042

Dean Hildebrandt (plaintiff) v. Wakaw Lake Regional Park Authority, Dave Taciuk, Dwayne Lepitzki, Jake Parenteau, Trent Brunanski, Lawrence Godin, Dave Kilden, Linus Hackl, Walter Gural, Leo Vey and Francis Gaudet (defendants)

(1997 Q.B. No. 587)

Indexed As: Hildebrandt v. Wakaw Lake Regional Park Authority et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Wilkinson, J.

January 27, 1999.

Summary:

Hildebrandt was the head greenkeeper and park superintendent at a regional park. Hil­debrandt sued the park authority for damages for wrongful dismissal.

The Saskatchewan Court of Queen's Bench allowed the action and held that a reasonable notice period was six months.

Master and Servant - Topic 7516

Dismissal of employees - General prin­ciples - Seasonal employees - [See Mas­ter and Servant - Topic 7610 ].

Master and Servant - Topic 7550

Dismissal of employees - Grounds - Cause or just cause defined - [See Master and Servant - Topic 7610 ].

Master and Servant - Topic 7610

Dismissal of employees - Defences - Expiry or termination of contract - Hilde­brandt was the greenskeeper, eventually head greenskeeper, at a regional park - For three years Hildebrandt held the com­bined position of head greenskeeper and park superintendent - When the park authority decided to split the position into two posi­tions again, Hildebrandt was invited to apply - He was not accepted for either - He sued the park authority for wrongful dismissal - The park authority cited a past breach of his authority as cause for dis­missal - The Saskatchewan Court of Queen's Bench held that Hilde­brandt was indefinitely employed for sea­sonal work, not on a series of contracts that terminated each year - He was wrongfully dismissed, because he had been reprimanded for his misconduct - He was entitled to six months' notice based on his salary as head greenskeeper and he had taken reasonable steps to mitigate his loss - See paragraphs 21 to 37.

Master and Servant - Topic 7704

Dismissal of employees - Damages for wrongful dismissal - Measure of damages - [See Master and Servant - Topic 7610 ].

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - What constitutes reasonable notice - [See Master and Servant - Topic 7610 ].

Master and Servant - Topic 8064

Dismissal without cause - Damages - Mitigation - [See Master and Servant - Topic 7610 ].

Cases Noticed:

Brown v. Crabbe Mountain Winter Park Ltd. (1991), 113 N.B.R.(2d) 436; 285 A.P.R. 436 (T.D.), refd to. [para. 21].

Saunders v. Fredericton Golf & Curling Club Inc. (1994), 151 N.B.R.(2d) 184; 387 A.P.R. 184 (C.A.), refd to. [para. 21].

Gray v. Manvers (Township) (1992), 93 C.L.L.C. 14,023 (Ont. Gen. Div.), refd to. [para. 24].

Roussel v. Ferron, [1997] N.B.R.(2d) Uned. 18 (T.D.), refd to. [para. 25].

Van Tent v. Cloverdale Raceway Ltd. et al., [1997] B.C.T.C. Uned. G16 (S.C.), refd to. [para. 26].

Standard Commercial Tobacco Co. v. Canadian Union of Operating Engineers and General Workers et al. (1988), 31 O.A.C. 74; 24 C.C.E.L. 57; 88 C.L.L.C. 14,049 (Div. Ct.), refd to. [para. 27].

Potts v. Poorman Indian Band #88 (1988), 64 Sask.R. 301 (Q.B.), refd to. [para. 28].

Kraft v. Saskatchewan Roofing Contractors Association (1996), 145 Sask.R. 274 (Q.B.), refd to. [para. 28].

Tolpa v. Flint Engineering & Construction Ltd. (1996), 142 Sask.R. 67 (Q.B.), refd to. [para. 28].

Riehl v. Westfair Foods Ltd., [1995] 8 W.W.R. 51; 132 Sask.R. 161 (Q.B.), refd to. [para. 31].

Gordon v. Dumont (Gabriel) Institute of Native Studies and Applied Research Inc. (1996), 145 Sask.R. 111; 21 C.C.E.L.(2d) 145 (Q.B.), refd to. [para. 35].

Janke v. Cenalta Oilwell Servicing Ltd. et al., [1997] 3 W.W.R. 406; 152 Sask.R. 32; 140 W.A.C. 32 (C.A.), refd to. [para. 39].

Counsel:

S.D. Loewen, Q.C., and T. Klassen, for the plaintiff;

L.W. Zuk, for the defendants.

This case was heard before Wilkinson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on January 27, 1999.